COMMUNITY CONCILIATION CENTRESA Step Towards Ensuring Speedy and Expeditious Justice to the Common-Man

A SUBMISSION FOR MANTHAN

The Problem Explained

3.5 crore cases are pending across courts in the country.

India’s Present Judicial Scenario

India’s judge to population ratio (14 judges per 10 lakh

people) is the lowest in the world;

whereas the average in developing

countries is roughly 40 judges per 10

lakh people.

Average disposition time of a case is 15 years.

The SC has recently observed that litigation has become expensive and time consuming.

Our Proposal

Proposal to constitute constituency level

Community Conciliation Centres to address the

problem.

Three Issues to be Addressed Simultaneously:- Less expensive redressal of disputes - Ensuring time-bound justice- Reducing procedural wrangles

In tune with the observations of Supreme Court, an attempt must

be made to promote Alternate Dispute

Resolution systems to meet the requirement.

REQUIREMENT

IDEA

PROPOSAL

Community Conciliation Centres

The Community Conciliation Centres are for

Arbitration, Mediation and Conciliation at the local community level.

They will be instituted at assembly constituency level in every state/union territory.

Arbitration in these centres includes Mediation and Conciliation.

WHAT ARE COMMUNITY CONCILIATION CENTRES?

WHAT DO THEY DO? WHERE WILL THEY BE CREATED?

The Basic Idea

To encourage people to adopt and accept arbitration as means of dispute resolution

because there is need to develop Alternate Dispute Resolution systems.

Creating a concrete platform to take forward the concept of arbitration as envisioned in the Arbitration and Conciliation Act, 1996.

To give every citizen economic and time-bound solutions to disputes at local level.

Working Mechanism

Jurisdiction

A CCC’s jurisdiction covers its own constituency. If there is a dispute affecting people in different constituencies, jurisdiction will be decided on the basis of cause of action.

What is the scope?

These centres function under the provisions of the Arbitration and Conciliation Act 1996.

Appeals

Appeals will not go to court. An assembly of all the 8 Mediators will form a Bench which can be approached for appeals.

Who will work in the Centres?

The 8 Mediators will be elected from amongst the community, and they will hold a job that is recognised by the government, i.e., a government job.

SELF SUSTAINING SYSTEMThe Mediators

The 8 Mediators will elect from themselves a head who will take care of the maintanance of the Centre.

Decision of the CCC is binding as a court’s verdict.

Distinct From Lok Adalats

How many Mediators?

India has only 14 judges per 10 lakh people whereas the average data for the developing world stands at roughly 40 judges per 10 lakh people. 

Hence, taking an average of 2 lakh people per constituency, each Community Conciliation Centre must have 8 Mediators to cater to the population adequately.

The Arbitration and Conciliation Act, 1996 expects people to appoint their own arbitrators.

This is taken care of at the community level in this

system.

Election of Mediators at Community Level:

Elections will be held at every constituency. People will elect their own Mediators for Arbitration

Why CCCs Instead of Courts

Unique Feature of Community Conciliation Centres:

It is a better idea to create Community Conciliation Centres instead of going for creating new courts because

Less procedure ensures time-bound justice

Appeals at court take timeLitigation in courts has become expensive

Election of Mediators for every centre gives every citizen an opportunity to choose their Mediators.

By people’s own choice they can elect their own judges.

People choose their panel of Mediators beforehand.

Spreading Awareness About ADR Systems

This will lead to reduce the impact of docket explosion in courts.

There is a dire need for spreading awareness about Arbitration as an alternate dispute resolution system.

Volunteers from various legal professions are roped in to conduct workshops and public meetings.

Lawyers, judges and other eminent legal scholars are given

opportunities to interact with the common-man to spread awareness about Arbitration

The programme aims to educate and encourage people to accept

Arbitration as an ADR system.

Funding

Government’s funds will be used for the infrastructure of the Centre: Building, management, etc.

Parties will be asked to pay a fee equal to the court fee for regular maintanance of the Centre.

Capital Expenditure Revenue Expenditure

Since the apex court has been advocating that the litigant public must resort to Alternate Dispute

Resolution systems, the government must extend the necessary financial sustenance.

Pros and Cons

Speedy Justice is ensured to all citizens at community level

No question of expensive litigation; economic redressal

Less procedures; less time-consuming

Democratic Element in election of Mediators:By people’s own choice they can elect their own judges.

People might be apprehensive about approaching the new system

CAN BE ADDRESSED BY AWARENESS CAMPAIGNS

High cost involved in elections might deter government

IT IS CHEAPER THAN INSTITUTING NEW COURTS

Backlash from the Lawyer Community

CAN BE ADRESSED BY INCLUDING A LAW DEGREE AS QUALIFICATION FOR A MEDIATOR

Deciding a jurisdiction in case of inter-constituency disputes.

COMING UP WITH STRICT GUIDELINES WILL SOLVE THE ISSUE

PROS CONS

References

The Arbitration and Conciliation Act, 1996

‘Litigation Beyond the Reach of Poor, Says Apex Court’, Article in The New Indian Express, dated 25th August 2013 http://newindianexpress.com/nation/Litigation-has-gone-beyond-reach-of-poor-man-SC/2013/08/25/article1751207.ece

‘CJI, P Sathasivam on Arbitration’, accessed from http://lexarbitri.blogspot.in/2013/07/chief-justice-of-india-designate-p.html

‘Practical Approach to Arbitration and Concilliation’ by Aruna Sarma (2006)

‘Law of Arbitration and Concilliation Including Other ADRs ‘ by SK Chawla (2012)

‘Commentary on the Arbitration and Conciliation Act’ by Justice SB Malik (5th Edition 2011)

‘The Law And Practice Of Arbitration And Conciliation’ by OP Malhotra & Indu Malhotra (2006)